Commonwealth v. Grello

OPINION OF THE COURT

Petitioner, John K. Grello, was found guilty following a jury trial on September 10, 1973, of aggravated assault and battery, and burglary. At trial petitioner testified that he was intoxicated at the time of the incident for which he was convicted. He requested a jury instruction that he be acquitted of the burglary charge if his intoxication rendered him unable to form the specific intent necessary for burglary. This request was refused. Petitioner’s counsel also excepted to the trial court’s refusal to allow a hearing into the possible prejudicial effect of certain…